Ellis

Herbert Ellis brought this action against Pericles Mihelis and Elias Mihelis to compel them to specifically perform a contract for the sale of real property and for damages resulting from their failure to convey the property to him. Defendants have appealed from the judgment decreeing specific performance and awarding damages. Plaintiff has cross-appealed on the issue of damages.

The principal contentions of defendants are (1) that plaintiff is precluded from relying on the contract because he was represented in the transaction by an agent whose action was not shown to have been authorized or ratified in writing before defendants refused to perform and (2) that the agreement can in no event be binding on Elias because he did not sign the contract and did not authorize Pericles in writing to enter into it on his behalf. If the first of these contentions is correct plaintiff has no cause of action against either defendant, whereas the second contention, if valid, would not, of course, be determinative of plaintiff’s rights as against Pericles. We have concluded that the first contention is untenable but that defendants are correct as to the second point.

*211 Defendants, who are…